DENVER, Co. — A federal judge nominated to the bench then-President Bill Clinton has rejected efforts to dismiss a lawsuit filed by Christian baker Jack Phillips against the Colorado Civil Rights Division, which had approved a new discrimination complaint against Phillips last year after he declined to make a blue and pink cake for a celebration of a man’s “gender transition.”
Judge Wiley Daniel noted in his decision on Friday that Phillips would have declined to make the cake for anyone—no matter who they are—and the division failed to make this distinction when considering the discrimination complaint.
“[N]either the division, in its probable cause determination, nor the commission, in its formal complaint, made the distinction urged now by Defendants. This omission is especially glaring because [the Supreme Court] denounced the division’s and the commission’s unequal treatment of Phillips just before the division and the commission began new proceedings against Phillips,” he wrote.
“The decision to pursue the discrimination charge occurred after [the Supreme Court ruling], and this decision by Director Elenis and the defendant commissioners supports the existence of bad faith,” Daniel concluded.
As previously reported, attorneys with Alliance Defending Freedom (ADF) filed a federal lawsuit in August on behalf of Phillips, contending that the division had “doubled down” its religious hostility toward the Christian baker.
It did so after the division approved a new discrimination claim—this time from an attorney who requested a cake for a “gender transition” celebration on the very day that it was announced that the Supreme Court would hear
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